State ex rel. North & South Railway Co. v. Meier
Supreme Court of Missouri
Transferred from St. Louis Court of Appeals. (1) There is no conflict, apparent or real, between the decision of the court of appeals in this case and State ex rel. v. Stone, 120 Mo. 428, on which the certificate of the dissenting appellate judge below was made; and the case should be remanded to the St. Louis Court of Appeals for judgment. McCarty v. O’Bryan, 137 Mo. 591; Opinion of Brace and Burgess, JJ.
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Transferred from St. Louis Court of Appeals. (1) There is no conflict, apparent or real, between the decision of the court of appeals in this case and State ex rel. v. Stone, 120 Mo. 428, on which the certificate of the dissenting appellate judge below was made; and the case should be remanded to the St. Louis Court of Appeals for judgment. McCarty v. O’Bryan, 137 Mo. 591; Opinion of Brace and Burgess, JJ. (2) Mandamus will lie to compel the president of the council of St. Louis to affix his signature to a bill that has passed both houses of the municipal assembly of said city. 2 R. S. 1889,…
1Opinion of the CourtBrace, J.
The respondent is president of the council of the city of St. Louis. On the ninth of August, 1897, an alternative writ of mandamus was issued by the circuit court, city of St. Louis, commanding the respondent to sign house bill number 59, being an ordinance granting certain rights, privileges and franchises to the relator, or show cánse why he should not. To which writ, for such cause, the respondent made return, in substance, that said house bill number 59 never was read on three different days before the council, of the municipal assembly as required by the charter. On the hearing it…
2Cases cited9 opinions
- Marcum v. Ballot Com'rsWest Virginia Supreme Court · 1896
- Jackson v. Grand Avenue Railway Co.Supreme Court of Missouri · 1893
- Taylor v. City of CarondeletSupreme Court of Missouri · 1855
- State v. DeBarSupreme Court of Missouri · 1874
- State ex rel. Robb v. StoneSupreme Court of Missouri · 1894
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3Cited by18 opinions
- State Ex Rel. Rothrum v. DarbySupreme Court of Missouri · 1940
- Yelton v. BeckerMissouri Court of Appeals · 1952
- Huidekoper v. HadleyCourt of Appeals for the Eighth Circuit · 1910
- Ross v. SchackelUtah Supreme Court · 1996
- Garff v. SmithUtah Supreme Court · 1906
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